Constitutionalism

So to be more precise, one of the most difficult unsolved problems in American constitutionalism – perhaps a constitutional “abeyance” or silence – is what a president is supposed to do with an act (presumably passed over a veto) that directly encroaches on presidential power. ❋ Unknown (2006)

The task of a progressive constitutionalism is the task of understanding that the Constitution can be better -- no, * is* better -- than those in power want it to be. ❋ Unknown (2004)

And this idea has become so ingrained in the American mind that it will be difficult to gain credence for the assertion that the terms constitutionalism and absolutism represent the forces or systems which, have really been antagonistic ever since Christianity began to affect and animate social and political relations. ❋ Various (N/A)

Before the American experiments in constitutionalism, the most prominent example of a “president” was the presiding officer in the king’s privy council in Stuart times. ❋ Unknown (2009)

Here’s the abstract:Current debates in Chinese constitutionalism centering on issues such as judicial independence, the justiciability of constitutional rights, and the relationships between Party and state, political pluralism and dictatorship, and liberal conceptions of the rule of law versus more traditional Chinese articulations of the asymmetric ethical relationship between ruler and ruled are neither novel nor unfamiliar in the PRC. ❋ Dan Ernst (2009)

This is the central theme of Stephen Elkin’s magnificent RECONSTRUCTING THE COMMERCIAL REPUBLIC: CONSTITUTIONAL DESIGN AFTER MADISON (a must read for anyone interested in American constitutionalism) and the Dred Scott book to the right (a must read for anyone interested in helping me pay for two, soon to be three, daughters at private colleges). ❋ Unknown (2006)

The failure to ratify the New Deal, as well as other important aspects of the contemporary constitutional system, through amendments has created an ongoing issue within American constitutionalism. ❋ Unknown (2006)

It is not contradictory, I believe, to argue at one and the same time that Bush's conception of his prerogatives of office is dictatorial (or, if one prefers, "authoritarian" or "monarchical," which is Bruce Fein's term) AND that he gives no hint of rejecting the most basic norm of American constitutionalism, which is the opportunity to vote the rascals out in an election. ❋ Unknown (2006)

But if semantic meaning, intentions and Hercules 'best theory are all at the mercy of dominant ideologies and the whims and convictions of judges, then the kind of protections heralded by the idea of constitutionalism may be a myth, and a harmful one at that. ❋ Waluchow, Wil (2007)

In that work, Smith analyzes more than 1000 judicial opinions on citizenship, exploring the liberal, republican, and racist/ascriptive strands in American constitutionalism. ❋ Unknown (2005)

Whether the idea of constitutionalism can survive the lessons of critical theory is a very good question. ❋ Waluchow, Wil (2007)

Does the idea of constitutionalism require, as a matter of conceptual or practical necessity, the division of government powers urged by Montesquieu and celebrated by Americans as a bulwark against abuse of state power? ❋ Waluchow, Wil (2007)

Instead of the curbing of arbitrary government power for which the idea of constitutionalism is supposed to stand, we have political suppression disguised in a cloak of false constitutional legitimacy. ❋ Waluchow, Wil (2007)

As we saw at the outset, a key element in the idea of constitutionalism is that government can/should be limited in its powers and that its authority depends on observance of those limits. ❋ Waluchow, Wil (2007)

Many many others have been deeply influenced by American constitutionalism, which is one of our most lasting legacies to the world. ❋ Unknown (2003)

But no one would assert that in a despotically governed state the idea of constitutionalism has any place. ❋ DAVID FELLMAN (1968)

Another point he made is that the idea of constitutionalism is totally related to another principle which is the idea of "the rule of law". ❋ Facthai (2010)

The [Judicial Branch] [ensures] the constitutionality of [the law]. ❋ Morten Den Glatte (2018)

“Hey, did you hear Todd down the street [refused] to [wear a mask], and argued with the staff, at the local play?” “Yeah, [toxic constitutionalism] sucks.” ❋ FriarTheTuck (2020)